19 September

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Administrative License Suspension (by DaytonDUI)

If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver's license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. For many the days following a drunk driving arrest are the hardest to...

10 September

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Illegal Police Stops (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which includes being unlawfully or illegally pulled over or stopped by law enforcement. An officer cannot simply pull you over based on a hunch or intuition. When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation. State v. Brickman(2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575. The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the officer has reason to...

06 August

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Motorcycles and DUI in Ohio

Posted by Dayton DUI

in Uncategorized

IN HONOR OF STUGIS, HERE IS SOME INFORMATION ON MOTORCYCLES AND DUI The National Highway Transportation Safety Administration (NHTSA) has developed a guide specific to motorcycle operators. The basis of this motorcycle guide are based on a 1993 study, The Detection of DWI Motorcyclists, DOT HS 807 839, March 1993; Jack W. Stuster, Anacapa Sciences Inc., wherein police reports were used to identify "cues" of impaired drivers. Over 100 "cues" were narrowed down to 14. NHTSA lables 7 of these "cues" as "excellent" predictors of impairment and 7 are considered "good" predictors of impairment. According to NHTSA "excellent" is defined as...

24 July

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DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

Posted by Dayton DUI

in Drugs & Alcohol

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE): Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how...

17 July

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma. Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b). However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c). The high...

02 July

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Ohio DUI Law Update: Congress Approves MADD’s Legislative Agenda

Posted by Dayton DUI

in DUI Law

Congress has bowed to pressure from the powerful lobbying group Mother's Against Drunk Driving and approved the Federal transportation legislation Moving Ahead for Progress in the 21st Century, or MAP-21. The Act authorizes funding for research projects and advances the Driver Alcohol Detection System for Safety, or DADSS. The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years. Due to their efforts they have garnered the buy-in of car...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

17 February

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The Prescription Drug Defense

Posted by Dayton DUI

in Drugs & Alcohol

While many people think of impaired driving as involving alcohol, we are increasingly seeing people accused of being impaired by prescription drugs. Clients are surprised to learn that the same harsh penalties that apply to alcohol impairment also apply to prescription drug impairment. You need an attorney who knows how to fight a drugged driving case.Drugged driving cases involving prescription drugs present a problem for law enforcement as indicators of prescription drug use are less apparent. The standardized field sobriety tests are crude tools for detecting alcohol and may be useless in determining prescription drug impairment. Challenging the officer's observations...

27 January

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Intoxilyzer 8000 Is Unreliable!

Posted by Dayton DUI

in DUI Law, DUI Process

Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that "The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored."The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the sample tested, possible operator manipulation of the results, possible CMI modifications of the software without the knowledge of ODH and slope detector...

27 October

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DADSS Will Search You Every Time You Get In Your Car

Posted by Dayton DUI

in DUI Process

Within the next few years you may be required to give a breath sample or have your skin scanned in order to operate your car. The U.S. Department of Transportation (DOT) is developing a technology called Driver Alcohol Detection System for Safety (DADSS). The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety. The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years. Due to their efforts they have garnered the buy-in of car manufacturers...

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